Case5:00-cv-20905-RMW Document4194 Filed11/20/12 Page1 of 5

1 2 3 4 5 6 7 8 9 10 11

Gregory P. Stone (SBN 078329) Fred A. Rowley, Jr. (SBN 192298) Jeffrey Y. Wu (SBN 248784) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Email: Gregory.Stone@mto.com Email: Fred.Rowley@mto.com Email: Jeffrey.Wu@mto.com Peter A. Detre (SBN 182619) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Email: Peter.Detre@mto.com Attorneys for RAMBUS INC.

Rollin A. Ransom (SBN 196192) SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, CA 90013-1010 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Email: rransom@sidley.com

12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 15 16 HYNIX SEMICONDUCTOR, INC., et al., 17 Plaintiffs, 18 vs. 19 RAMBUS INC., 20 Defendant. 21 22 23 24 25 26 27 28
19301226.1

CASE NO. CV 00-20905 RMW DECLARATION OF JEFFREY Y. WU IN SUPPORT OF RAMBUS INC.S CONSOLIDATED OPPOSITION TO (1) HYNIXS MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF THE COLLATERAL ESTOPPEL EFFECT OF REEXAMINATIONS OF RAMBUSS PATENTS; (2) HYNIXS MOTION FOR NEW TRIAL OR, IN THE ALTERNATIVE, FOR STAY; (3) HYNIXS MOTION FOR LEAVE TO FILE SUPPLEMENTAL REPLY Date: Time: Place: Judge: December 19, 2012 2:00 p.m. Courtroom 6 Hon. Ronald M. Whyte

WU DECL. ISO RAMBUSS OPP. TO MOT. FOR SUM. JUDGMENT, ETC. CASE NO. 00-20905-RMW

Case5:00-cv-20905-RMW Document4194 Filed11/20/12 Page2 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, JEFFREY Y. WU, declare as follows: 1. I am an attorney with the law firm of Munger, Tolles & Olson LLP, counsel of

record for Rambus Inc. (Rambus) in this case, and am admitted to practice before this Court. I submit this declaration in support of Rambus Inc.s Consolidated Opposition To (1) Hynixs Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment on the Issue of the Collateral Estoppel Effect of Reexaminations of Rambuss Patents; (2) Hynixs Motion for New Trial or, in the Alternative, for Stay; (3) Hynixs Motion for Leave to File Supplemental Reply to Defendant and Counterclaimant Rambus Inc.s Amended Counterclaim. I have personal knowledge of the matters set forth herein and could and would testify competently to each of them. 2. Attached as Exhibit A are true and correct copies of trial transcript excerpts from

the 2006 Patent Trial in this case. 3. Attached as Exhibit B is a true and correct copy of Patent Trial Exhibit 5669,

which was admitted into evidence during the 2006 Patent Trial in this case. 4. Attached as Exhibit C is a true and correct copy of Patent Trial Exhibit 5679,

which was admitted into evidence during the 2006 Patent Trial in this case. 5. Attached as Exhibit D is a true and correct copy of Conduct Trial Exhibit 4028,

which was admitted into evidence during the 2008 Conduct Trial in this case. 6. Attached as Exhibit E is a true and correct copy of Samsungs Notice of Non-

Participation in Inter Partes Reexamination, dated February 11, 2010, in Reexaminations Nos. 95/000,178 and 95/001,152, which involve Patent No. 6,324,120. 7. Attached as Exhibit F is a true and correct copy of Samsungs Notice of Non-

Participation in Inter Partes Reexamination, dated February 11, 2010, in Reexaminations Nos. 95/000,166 and 95/001,122, which involve Patent No. 6,426,916. 8. Attached as Exhibit G is a true and correct copy of Samsungs Notice of Non-

Participation in Inter Partes Reexamination, dated February 11, 2010, in Reexaminations Nos. 95/000,250 and 95/001,124, which involve Patent No. 6,452,863.

19301226.1

-1-

WU DECL. ISO RAMBUSS OPP. TO MOT. FOR SUM. JUDGMENT, ETC. CASE NO. 00-20905-RMW

Case5:00-cv-20905-RMW Document4194 Filed11/20/12 Page3 of 5 Draft / Privileged and Confidential

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

9.

Attached as Exhibit H is a true and correct copy of Samsungs Notice of Non-

Participation in Inter Partes Reexamination, dated February 11, 2010, in Reexaminations Nos. 95/001,026 and 95/001,128, which involve Patent No. 6,378,020. 10. Attached as Exhibit I is a true and correct printout of the Federal Circuit docket, as

of November 16, 2012, for Appeal No. 2011-1247. 11. Attached as Exhibit J is a true and correct copy of the Final Office Action, dated

August 26, 2011, for Reexamination No. 90/011,005, which involves Patent No. 6,324,120. 12. Attached as Exhibit K is a true and correct copy of Rambuss Notice of Appeal

Under 36 C.F.R. 41.31, dated December 27, 2011, for Reexamination No. 90/011,005, which involves Patent No. 6,324,120. 13. Attached as Exhibit L is a true and correct copy of the Decision, Sua Sponte, to

Merge Reexamination Proceedings, dated July 21, 2009, in Reexaminations Nos. 95/000,178 and 95/001,152, which involve Patent No. 6,324,120. 14. Attached as Exhibit M is a true and correct copy of a printout from the Patent

Application Information Retrieval (PAIR) system on the website of the United States Patent and Trademark Office, which shows the Bibliographic Data for Reexamination No. 95/001,152 (involving Patent No. 6,324,120), updated November 14, 2012. I accessed the PAIR system on November 20, 2012. 15. Attached as Exhibit N is a true and correct copy of Ex Parte Reexamination

Certificate No. 6,378,020 C1, for Patent No. 6,378,020, dated November 30, 2010. This certificate was issued for Reexamination No. 90/010,993. 16. Attached as Exhibit O is a true and correct copy of the Decision, Sua Sponte, to

Merge Reexamination Proceedings, dated July 21, 2009, in Reexaminations Nos. 95/001,026 and 95/001,128, which involve Patent No. 6,378,020. 17. Attached as Exhibit P is a true and correct copy of the Right of Appeal Notice,

dated June 11, 2010, in Reexaminations Nos. 95/001,128 and 95/001,026, which involve Patent No. 6,378,020.

19301226.1

-2-

DECLARATION OF JEFFREY Y. WU IN SUPPORT OF RAMBUSS OPP. TO HYNIXS MOT. FOR SUMMARY JUDGMENT, ETC. CASE NO. 00-20905-RMW

Case5:00-cv-20905-RMW Document4194 Filed11/20/12 Page4 of 5 Draft / Privileged and Confidential

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

18.

Attached as Exhibit Q is a true and correct copy of the Decision, Sua Sponte, to

Merge Reexamination Proceedings, dated March 9, 2009, in Reexaminations Nos. 95/000,166 and 95/001,122, which involve Patent No. 6,426,916. 19. Attached as Exhibit R is a true and correct copy of a printout from the PAIR

system on the website of the United States Patent and Trademark Office, which shows the Bibliographic Data for Reexamination No. 95/001,122 (involving Patent No. 9,426,916), updated August 17, 2012. I accessed the PAIR system on November 20, 2012. 20. Attached as Exhibit S is a true and correct copy of the Decision, Sua Sponte, to

Merge Reexamination Proceedings, dated March 6, 2009, in Reexaminations Nos. 95/000,250 and 95/001,124, which involve Patent No. 6,452,863. 21. Attached as Exhibit T is a true and correct copy of the Notice of Intent to Issue Ex

Parte Reexamination Certificate, dated March 24, 2010, in Reexamination No. 90/010,419, which involves Patent No. 5,915,105. 22. Attached as Exhibit U is a true and correct copy of Ex Parte Reexamination

Certificate No. 5,915,105 C1, dated June 29, 2010, for Patent No. 5,915,105. This certificate was issued for Reexamination No. 90/010,419. 23. Attached as Exhibit V is a true and correct copy of Ex Parte Reexamination

Certificate No. 5,915,105 C2, dated Dec. 7, 2010, for Patent No. 5,915,105. This certificate was issued for Reexamination No. 90/010,975. 24. Attached as Exhibit W is a true and correct copy of the Decision, Sua Sponte, to

Merge Reexamination Proceedings, dated March 6, 2009, in Reexaminations Nos. 95/000,183 and 95/001,112, which involve Patent No. 6,182,184. 25. Attached as Exhibit X is a true and correct copy of Samsungs Notice of Non-

Participation in Inter Partes Reexamination, dated February 11, 2010, in Reexaminations Nos. 95/000,183 and 95/001,112, which involve Patent No. 6,182,184. 26. Attached as Exhibit Y is a true and correct copy of a printout from the PAIR

system on the website of the United States Patent and Trademark Office, which shows the Bibliographic Data for Reexamination No. 95/001,154 (involving Patent No. 6,584,037), updated
19301226.1

-3-

DECLARATION OF JEFFREY Y. WU IN SUPPORT OF RAMBUSS OPP. TO HYNIXS MOT. FOR SUMMARY JUDGMENT, ETC. CASE NO. 00-20905-RMW

Case5:00-cv-20905-RMW Document4194 Filed11/20/12 Page5 of 5 Draft / Privileged and Confidential

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

October 17, 2012. Also attached is a printout of the recent entries under the PAIR systems Image File Wrapper tab for this reexamination. I accessed the PAIR system on November 20, 2012. 27. Attached as Exhibit Z is a true and correct copy of a printout from the PAIR

system on the website of the United States Patent and Trademark Office, which shows the Bibliographic Data for Reexamination No. 95/001,155 (involving Patent No. 6,546,446), updated September 26, 2012. Also attached is a printout of the recent entries under the PAIR systems Image File Wrapper tab for this reexamination. I accessed the PAIR system on November 20, 2012. 28. Attached as Exhibit AA is a true and correct copy of excerpts from Hynix Second

Supplemental Preliminary Invalidity Contentions, served February 21, 2003, in this case. 29. Attached as Exhibit BB is a true and correct copy of excerpts from Manufacturers

Joint Preliminary Invalidity Contentions, served May 11, 2007, in Case No. C 05-00334 RMW. 30. Attached as Exhibit CC are true and correct copies of excerpts from the Court

Reporters Hearing Transcript from Case Nos. C-05-00334 RMW, C-05-02298 RMW, C-0600244 RMW, dated September 24, 2008. 31. Attached as Exhibit DD are true and correct copies of the United States Patent and

Trademark Office Electronic Acknowledgment Receipts, dated November 20, 2012, acknowledging receipt of Rambuss Requests for Rehearing for Reexaminations Nos. 95/000,250 and 95/001,124, which involve Patent No. 6,452,863. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 20th day of November, 2012, at Los Angeles, California.

/s/ Jeffrey Y. Wu Jeffrey Y. Wu

19301226.1

-4-

DECLARATION OF JEFFREY Y. WU IN SUPPORT OF RAMBUSS OPP. TO HYNIXS MOT. FOR SUMMARY JUDGMENT, ETC. CASE NO. 00-20905-RMW